Drink & Drive Under Motor Vehicle Act

This article is written by Khushboo Sharma, LLB student of Campus Law Centre, Delhi University during her internship with LeDroit India.

Introduction

People use vehicle to commute from one place to another and has also become an important part of everyone’s life. Driving a vehicle offers us convenience and independence but also comes along with risks. It is very important for the people to obey the traffic rules and especially do not drive while intoxicated. Driving under the influence of intoxication may cause injuries to both the parties. Therefore, Motor Vehicles Act comes into light.

The Motor Vehicles Act, 1988 aimed at consolidating and amending the law relating to motor vehicles in India and came into force on 1st July, 1989. The Act of 1988 has been amended several times to cater for changed circumstances and to keep the law relating to motor vehicles up to date.

Motor Vehicles Act, 2019

The Motor Vehicles (Amendment) Act, 2019 is one of the major amendments to Act and it ushered in some significant changes in some of which are as follows:

  1. To ensure safety, penalties have been increased and stringent provisions have been incorporated for offences like drunk driving, over-speeding, driving without a license, etc.
  2. The Act provides for creation of a National Road Safety Board, which will advise the Central and State Government on aspects of road safety, traffic management, registration, licensing of motor vehicles and formulation of standards for road safety.
  3. The Act introduces the Golden Hour under which cashless treatment will be provided to victims of accident during the golden hour.
  4. The Act provides protection to Good Samaritans from civil servants or criminal action for any injury to or death of the victim of an accident while rendering emergency medical or non-medical care or assistance.

Drink and Drive

As per Section 185 of The Motor Vehicles Act, 1988

185. Driving by a drunken person or by a person under the influence of drugs.—Whoever, while driving, or attempting to drive, a motor vehicle,—

(a) has, in his blood, alcohol exceeding 30 mg. per 100 ml. of blood detected in a test by a breath analyzer, or

(b) is under this influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle, shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both; and for a second or subsequent offence, if committed within three years of the commission of the previous similar offence, with imprisonment for a term which may extend to two years, or with fine which may extend to three thousand rupees, or with both. Explanation.—For the purposes of this section, the drug or drugs specified by the Central Government in this behalf, by notification in the Official Gazette, shall be deemed to render a person incapable of exercising proper control over a motor vehicle.

It is illegal to drive when you are drunk as mentioned above in section 185 of The Motor Vehicles Act, 1988. It is considered a criminal offence, if driven under the influence of alcohol. As per the government data, nearly 3000 people died in 2019 and approximately 6500 people have got injured due to driving negligently.

Punishment

If the person has committed the offence for the very first time, then he might have to face imprisonment of up to 6 months or a fine of ₹10000 for violating the traffic rules or both. This amount has been increased from ₹2000 to ₹10000 in 2019.

If the offence has been repeated again, then one has to face imprisonment of up to 2 years or a fine of ₹15000 for violating the traffic rules or both. This amount has been increased from ₹3000 to ₹15000 in 2019. If the offender keeps on repeating the same offence, then he may also face penalties regarding the driving license.

The penalties imposed are same for all types of vehicles whether it is a two-wheeler, three-wheeler or a commercial vehicle. It is not designed for a specific vehicle.

Procedure to be followed

If the offender has been caught by the police officers, then he will be told to do a Blood Concentration Test (BAC); they will be asked to blow into a breathalyzer and if the limit exceeds 30mg per 100ml of blood, then the person will be found guilty for driving under intoxication. If one refuses for the test, then the police officials may arrest without a warrant or may suspends one’s license and are also authorized to detain the vehicle. If the value of alcohol exceeds the permitted limits, then the police officers issues challan to the driver for the fine to be paid. The fine can be paid in both offline and online mode. For online payment, one needs to visit the State’s Transport Department website and for offline payment, one needs to visit the nearest traffic police station in his areas.

Become a Responsible Citizen

There is a saying “Prevention is better than cure”. It is very important to follow the traffic rules and avoid being in such a situation where you are not able to handle yourself. So if one is drunk then he must:

  1. Not drink if he has to drive afterwards;
  2. Book a cab or call a friend if you are drunk;
  3. Leave your car at home, so that if you drink you won’t be able to drive a car because you have not carried one with you;
  4. Follow traffic rules.

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